INTRODUCTION TO LAW (HUKUKA GİRİŞ) - (İNGİLİZCE) Dersi Legal Methods soru detayı:

PAYLAŞ:

SORU:

What are the exemptions to the doctrine of precedent?


CEVAP:

There are two exemptions to the doctrine of precedent each of which involves the use of  tools of legal reasoning:
• Distinguishing: Distinguishing enables a court not to follow a binding precedent. If a judge finds that the facts of the case he is dealing with are very similar to those of the precedent while at the same time thinking that there is a material difference between the two, he may distinguish the precedent.
• Overruling: A judge can also overrule a decision of a lower court, if he thinks that the lower court has wrongly decided.